Yesterday as I was driving through the parking lot of a gas station, a truck turned and smashes into my driver's side door - putting a big dent in it. I called the cops. And the cop showed up, I told him what happened. He filed the report and I believe he said that no one was at fault because it happened on private property. Which is absolutely bs because the guy ran into me so it is clearly his fault. So today I called my insurance company and told them about it and they said since no one was cited at fault, they will pay for the damages and I have to pay the $500 deductable.

Should I really have to pay anything at all? Because it was clearly not my fault and all the other guy's fault. What should I do? Should I call back the cop and talk to him? I believe the guy who hit me should have to pay for all the damages, right? I shouldn't be paying for a thing. What should I say so it is fair for me?

 

Hmmm... I guess you could try to get a lawyer

 

damn man, thats bull....if he hit you, and it was clearly his fault, then i would contest this to the end....did you get the number and info of the other driver? if you hassle insurance company enough, they probably will give in eventually...but that may take a while! good luck

 

There are certain "no fault" accidents like that in certain states. Depends on local laws. It comes down to being your word against his and there's really not that much you can do. The insurance company is right about it... they'll pay for it, but you will have to pay your deductible (yay for $250 and $100 deductibles!)

But that said, if you happen to know a lawyer in your area, could always get a free consultation or something if they offer them... couldn't hurt.

 

did you also know that stop signs and directional arrows (atleast in ny) that are in a parking lot such as walmart or a mall do not have to be legally obeyed and if you run one are not responsible as if you were on a public highway.

 

Just to add to ack154's comments: It's pretty common for accidents that occur on private property to be "no-fault" since there are typically no enforceable traffic patterns or speed limits. This is one of those situations where small claims court is going to be your best option in recovering damages; no lawyers to deal with, just you versus the driver of the truck.

Oh, and as we warned you in your other thread super_hero, this is your negative karma catching up with you... we spoke from experience, and now you do too.

 

Yeah, karma is a beyotch!

 

Funny how that works.....






To the OP:

How about those damages that were there prior to this accident???? Should he have to pay for those too?

 

in most states a police officer is not required to say who was "at fault" unless one of three things has occurred.

1. There were injuries
2. He wrote a ticket
3. One of the vehicles was towed

What the officer did was an "exchange of information" form, not an accident report. Either get a lawyer or pay the bill. The officer cannot make the judgement call.

 

bingo.. and I can vouch for this, as I was rear ended a few weeks ago... went down exactly as he described.


Since no one was cited, no injuries other than neck pain, and the cars were drivable, no police report was filed. Exchange of info only.

 

heh, yes i did know that, I used to live in NY and I remember when I took my 5 hour class before I got my license they mentioned that. As long as there isn't a roadsign you are good. Although most malls have a road that circles the mall with turn offs for parking, those roads usually are named something and you do have to obey those signs.

 

This accidents sounds like it’s a 50/50 every one fix there own. One thing you could try and do is talk to the guy that hit you and if you can make him agree with you that it was his fault then you can put an insurance claim against his insurance company. Once his insurance company contacts him and gets his recorded statement saying that he was at fault then your cars repairs will be paid.

 

Same deal in Oregon.

I was in an accident in a Target parking lot a few years back. A lady was cutting over sideways through the empty parking spots at the end of the lot, and as I was driving up one of the parking aisles, she hit me. The police came, and although no report was made, she offered herself as a reference, since my car was going the correct way and the other person was cutting accross. She didn't witness it, but once we hit you could see how the cars were positioned and who was driving how. In the end, they found the other driver at fault and reimbursed my deductible. So although laws are not as enforceable in private lots, there are still ways to get your way, especially if there are witnesses.

 

Maybe the guy will lie and say you must have been a victim of a hit and run. Lying sucks doesnt it? :D

Other than that it will depend on the state and the laws. Police usually wont get involved either way if it is on private property unless injury occurred.

 

Yup. Gas stations can be rather chaotic anyway... I think the only reason it doesn't turn into a riot is because everyone is usually going <5 MPH. People go both ways down between the pumps, so anyone can turn into the pump you're stopping next to/driving past at any time.

You just have to pay attention, go really slow, and be ready to brake hard. It's not a big deal, since at the speeds you travel (or should be traveling at), a jab on the brake pedal should instantly stop the car.

The problem comes because most people don't pay attention to what's going on more than five feet in front of them.

Gas pump in my way? Bah, why look around it... I'll just turn this corner without even trying to see if there's a car there!

Oh look, a beer delivery truck blocking one end of this passage... oh well, I'm *sure* no one could POSSIBLY be coming the other way

Sorry, I just have problems with a lot of drivers on the road.

 

x2! This thread is great! Lots of peeps who read his previous blunder will definitely chime in.

 

that sucks. some of that stuff is really silly. i had a friend who was backing out of his driveway onto his street once. he lived in a less developed part of town up in california so the street lighting around there sucked. anyways, long story short, he gets slammed by this guy blazing down the street with his headlights off... and according to california law or something like that, my friend was at fault.

 

Geeze louise, you have like 11 threads started, and 3 of them are about hitting something or being hit. Do you live on a figure 8 course? Stunt man Land? Smash up Derbyvile?

Accidents that happen on private party are impossible to determine fault, therefore, it doesn't happen, unless a cop actually witnesses the event. I would get estimates, and then take the dude to small claims court. I'd secure video of the place, and bring in fancy little poster boards. I'd win and get the dude to pay for everythig and not have an increase in insurance. Assuming of course that there was nothing I could have done to avoid the accident. And just because it was his fault, does not mean the accident was unavoidable.

 

Still consider yourself "lucky?"

 

So I guess Im going to take the guy to court to get my $500 back.